Author

Scott Lewis

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December 14, 2010

As with all Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) benefit recipients, Indiana disability benefits recipients are not going to see an increase in their monthly disability payment in 2011. On October 15th, 2010, the Social Security Administration (SSA) announced that there would be no Cost-of-Living Adjustments (COLA) for 2011. This is the second year in a row that there was not an increase to SSDI, SSI or Social Security retirement benefit payments. Over 50 million Americans receive some form of Social Security benefit. What are Cost-of-Living Adjustments (COLA)? COLA is an automatic adjustment to the SSDI or SSI recipient’s monthly benefits that may occur each year. The COLA increase is based on the percentage increase from year to year of the Consumer Price Index for Urban Wage Earners and Clerical Worker (CPI-W) during the third quarter of the year. This percentage increase of COLA is strictly based on the CPI-W increase so, when there is not an increase in the CPI-W then there is no increase in COLA. CPI-W increases are determined by the Bureau of Labor Statistics in the Department of Labor. The purpose of the COLA increase is so the purchasing power of SSDI or SSI benefits keep in pace with consumer prices and that benefits are not eroded by inflation. Why isn’t there a COLA increase in 2011? As in 2010, because there was no increase in the CPI-W from the third quarter of the previous year to the third quarter of the current year. Therefore, SSDI and SSI payments will remain the same in 2011. In the last two years, overall inflation has been low, largely because of the economic downturn. It has been predicted by the Congressional Budget Office that inflation will remain low for the next several years. As a result, this may mean that Social Security recipients may not see a COLA increase for … Continued

December 13, 2010

You may be surprised how often this question gets asked to Indiana Disability Attorney Scott Lewis. At times, Indiana residents find themselves unable to work due to a disabling condition, but anticipate returning to the workforce. These short term disabling conditions may be due to the result of an auto accident, a surgery, or any other condition where you find yourself unable to work because of a physical or mental impairment. Indianapolis Social Security Attorney Scott Lewis even receives telephone calls asking if a normal pregnancy can be a disabling condition. To answer the question of whether the Social Security Administration (SSA) offers a short term disability program, one must determine how short is short? The Social Security Administration has a condition that must be met that is called the “durational requirement.” With this requirement, your disabling condition (either physical or mental) must have actually lasted for twelve (12) months or be expected to last for twelve (12) months. Indianapolis disability lawyer Scott Lewis finds one way the Social Security Administration can turn down many claims is by stating your mental or physical disabling condition is not expected to last twelve (12) months. Due to the fact that many medical conditions can be very difficult to determine how long they will last, it may be in your best interest to appeal an unfavorable decision if denied for this reason. Let’s say you are denied Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits because the Social Security Administration states you do not meet the durational requirement and you decide not to appeal that decision. Now you find your disabling condition does not improve and you are still unable to work. In this scenario, you may be past the time limit to appeal your claim. Indiana disability lawyer Scott Lewis usually advises his … Continued

December 12, 2010

Indianapolis disability attorney Scott Lewis fields occasional telephone calls from his Indiana disability clients asking what the ramifications will be if they try to reenter the workforce. As fundamental as it may sound, the facts of a particular case always matter. Many Indiana residents are finding they are having a difficult time putting food on the table for themselves and their families during a very lengthy application and appeals process. A few topics Indianapolis disability attorney Scott D. Lewis may encounter may include: Are you considering a full time or part time job? If your disabling condition(s) do not permit you to work full time, but you think you may be able to work part time, you may be interested in a term call “Substantial Gainful Activity” or “SGA”. This is an amount the Social Security Administration determines as earnings you can make on a monthly basis and still be entitled to disability benefits. SGA for 2010 is $1,640.00/month for statutorily blind individuals and $1,000.00/month for non-blind individuals. There are different criteria for those receiving Supplemental Security Income (SSI) concerning blind individuals. It appears these amounts will also be valid for 2011, but more information concerning SGA can be found on the Social Security Administration’s website. Should you withdraw your claim for either Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits as soon as you start back to work? Indianapolis disability lawyer Scott D. Lewis usually advises his clients to wait and see if they are actually able to perform a full-time job or a job that creates more than the SGA for a number of months before withdrawing their claim. Many times, individuals believe they can work but find their condition prevents them from performing substantial gainful activity. If you have been waiting for an Indiana Social Security … Continued

December 7, 2010

Indianapolis disability attorney Scott Lewis often lets his Social Security disability clients know how important it is to be honest at your Indiana Social Security disability appeal hearing. You have waited two years to get a hearing and now you are in front of an Administrative Law Judge (ALJ) for your day in court to try to secure Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits. You have worked hard your entire life and accumulated enough work credits to be entitled to your Social Security Disability Insurance (SSDI) benefits, or you are simply disabled and have not worked enough but are still entitled to Supplemental Security Income (SSI) benefits. The ALJ starts his questioning and you are surprised they are a little more in depth about personal issues in your life and now you find yourself squirming in your chair and wondering why in the world the ALJ is interested in these topics. Indianapolis disability lawyer Scott D. Lewis has seen the above scenario on numerous occasions, and at times, squirms in his chair awaiting an answer to be uttered by his apprehensive client. The truth is many Administrative Law Judges already know the answer to the question they are asking. They are simply seeing if the Indiana Social Security disability claimant will tell the truth. Clients may be surprised to find when they go to their physician many times he/she is writing down things that an individual might not believe have much to do with their physical or mental disability. Maybe that you did some very light yard work, went out with friends for a beer, watch your grandchildren occasionally, smoke cigarettes, and many other topics you may regard as meaningless when it comes to a disabling condition. For example, if you tell the Administrative Law Judge you do … Continued

December 6, 2010

As silly as that may sound, when the Social Security Administration (SSA) is trying to determine if you are disabled they may want to know if you can make your bed, bathe & dress yourself, sweep & mop your floor, and take out the trash, among other things. These are called “Activities of Daily Living” or ADL’s. Activities of Daily Living are the things a person usually does on a routine basis to maintain their household and take care of themselves. Why does the Social Security Administration (SSA) or an Administrative Law Judge (ALJ) care about activities of daily living? In Indianapolis disability lawyer Scott Lewis’ experience, the SSA is trying to determine how much the Indiana disability claimant is restricted by examining what the disability claimant can or cannot do. At times, Indiana disability claimants applying for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits may be asked to fill out a form concerning their activities of daily living. While it is important to be honest when completing these forms, it is also important to FULLY explain what you can or cannot do. If it is necessary to take breaks due to pain, or other disabling conditions (either mental or physical), it is important to document these restrictions accurately. Sometimes the Social Security Administration (SSA) may ask a third party to comment on your activities of daily living. This may be a friend or neighbor. It is important you let these third parties know what your restrictions and symptoms are. Indianapolis Social Security Attorney Scott Lewis often finds these third party evaluations are not completely accurate regarding the claimants disabling condition(s). This line of questioning regarding your activities of daily living usually gets addressed when you find yourself in front of an Administrative Law Judge (ALJ). … Continued

December 6, 2010

Indiana Social Security disability claimants need to know they have a right to hire an Indiana Social Security lawyer or representative when appealing their denied Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) claim. In Social Security attorney Scott Lewis’ experience claimants are surprised to find out they do not have to pay any upfront fees when hiring Mr. Lewis. Social Security Attorney Scott Lewis works on a contingency basis, so you do not have to pay him a fee if he is not successful in winning your claim. At some Indiana Social Security disability hearings, there are experts that will testify as to what your medical condition is and whether or not there are jobs you can perform. You may find an attorney can help question these experts and help you prevail in your Indiana Social Security disability claim. An Indianapolis Social Security disability attorney may also be familiar with the court proceedings and may help guide you through difficult questioning. Indianapolis disability lawyer Scott Lewis tries to prepare his disability clients as to what they may expect when entering the courtroom and how their day in court may go. You have a right to hire an attorney or representative. Whether an Indiana Social Security disability claimant exercises this right is up to them. Considering Mr. Lewis’ fee is contingent on winning the claim, disability lawyer Scott Lewis feels his clients are more comfortable in this type of fee agreement. Most of Mr. Lewis’ clients are in no position to pay upfront expenses or pay an attorney if their claim is not approved. The last thing an Indiana disabled resident needs is another bill with no income to pay it.

December 3, 2010

Indianapolis Social Security disability lawyer Scott Lewis talks to many Indiana residents every week asking if they can win their Social Security disability claim when they are not seeing doctors. He usually tells them it is going to be very difficult to get a favorable outcome without good medical records to prove they are disabled. Without medical records the Social Security Administration (SSA) has nothing to base a decision on that will result in you being granted disability benefits. Indiana Social Security claimants often ask if the consultative examination the Social Security Administration (SSA) administered will suffice since they don’t have their own personal physician(s). In Indianapolis Disability Lawyer Scott Lewis’ experience, the disability claimant usually cannot rely on a consultative examination for a favorable result. Anyone who has been to one of these consultative examinations probably has had a similar experience. Most Indiana Social Security appeals claimants complain the examinations are very short and many times do not even cover the disabling condition(s) the disabled individual wants to be addressed. In general, it is very difficult to find a substitute for a physician that has seen you for an extended period of time and is familiar with you and your disabling condition. What should you do if you do not have healthcare and you believe you are disabled and unable to work? While you may receive different advice from different sources, Indiana Disability Attorney Scott Lewis often tells his clients to apply for any government sponsored healthcare program that is appropriate for you, go to your local hospital and find out if they offer a low cost health care program, and search for free clinics that can render health care assistance. These are just a few options to try and by no means will they always turn up a positive result. … Continued

November 30, 2010

The Indianapolis Office of Disability Adjudication and Review has a tremendous backlog of Social Security disability appeals waiting to be heard by Administrative Law Judges (ALJ). This is no big secret to the Social Security Administration (SSA) and in an attempt to help alleviate the huge caseload they have turned to video hearings. Does this mean an Indiana Social Security disability claimant will have a video hearing? No, there is still a possibility you will appear at an “in person” hearing with the ALJ sitting right in front of you. Indianapolis disability attorney Scott Lewis has noticed recently that Indiana disability claimants need to expect the unexpected when dealing with Administrative Law Judges from other locations. It is not uncommon for Indiana Social Security disability attorneys to see the same Administrative Law Judges over and over at “in person” hearings at the Indianapolis Social Security hearings office. Familiarity with the Judges can often help an Indiana Social Security disability lawyer know what to expect at the court proceeding and be well prepared for the type of questions that will be asked by the Judge. Also, this type of familiarity will usually help the Social Security disability attorney know what particular things a certain judge is looking for to achieve a favorable outcome. Now, lets mix in an Administrative Law Judge (ALJ) sitting in a courtroom peering through a small television monitor hundreds of miles away who may have never stepped foot in the state of Indiana. You may enter the courtroom in a wheelchair, the ALJ may not see, and you may grimace in pain that he may not see, and then he speaks to you in a voice that seems to echo from the audio equipment. You look at your Indianapolis Social Security Attorney for guidance and he displays calm character … Continued

November 29, 2010

Many Indiana residents applying for Social Security disability benefits online may find the Social Security Administration’s (SSA) new website a bit easier to navigate compared to the older website. While it may be more pleasing to the eye, the revamped website appears to be very similar to the old website. Actually, it is not too difficult to apply for disability benefits online by just following the simple prompts provided by the website. By typing in www.ssa.gov you can enter the new Social Security website. At the top of the SSA website home page you will see a tab for “disability”. By clicking on this tab you will see directions for following four steps to get the process started. This page not only gets you started on applying for disability benefits, but you may also check your disability application status and also appeal a denied medical decision about your claim. There are a number of other things you can do online with the Social Security Administration’s website, you may want to take a moment to see if any other areas of the website are of interest. While you can apply for Social Security Disability Insurance (SSDI) benefits online, it is still Indianapolis Social Security Attorney Scott Lewis’ understanding you cannot apply for Supplemental Security Income (SSI) benefits on the www.ssa.gov website. Indianapolis disability lawyer Scott Lewis advises his clients to call the Social Security Administration at 1-800-772-1213 to apply for Supplemental Security Income (SSI) benefits. Indianapolis disability lawyer Scott Lewis advises his clients to apply for both programs in the event you are not eligible for one program then the other program may be appropriate for your circumstances.

November 22, 2010

Indiana Social Security disability payments can vary from one person to another. Indianapolis Social Security attorney Scott Lewis is often asked what a person can expect from the first monthly disability payment his client may receive in the mail. Depending on what program you qualify for, the amounts can vary and the reason you get that particular amount can also vary. The criteria to establish the dollar amount for Social Security Disability Insurance (SSDI) benefits versus Supplemental Security Income (SSI) benefits are very different. There are a few things you may want to consider when examining why you receive a particular dollar amount from these two different programs. Social Security Disability Insurance (SSDI): With this program Social Security disability payments are based on an average of the earnings over the years that you worked. This program is funded through tax revenue you are paying as you work. Because individuals incomes can vary greatly, the calculated amount of a disability benefit check can vary greatly also. This calculation can be complex and to get an accurate amount it is recommended you contact your local Indiana Social Security office. Supplemental Security Income (SSI): This program does not require a person to pay through payroll taxes in order to qualify for benefits. It is more of a “need” based program. Your SSI payments are usually lower the more income you receive. The Social Security Administration (SSA) may consider income as earned income, unearned income, in-kind income, and deemed income. Again, this program may seem complicated and relies on different formulas and it may be in your best interest to contact your local Social Security Administration office to receive accurate information. Indianapolis Social Security disability attorney Scott Lewis recommends his clients to apply for both the Social Security Disability Insurance (SSDI) program and the … Continued